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U.S. Department of Justice, Office of Juvenile Justice
and Delinquency Prevention, and the U.S. Department of Education, Safe
and Drug-Free Schools Program.

Issue/Question:Is there any kind of hate speech on the Internet that is not protected by the First Amendment?

Suggested Response:

The U.S. Constitution protects Internet speech that is merely critical, annoying, offensive, or demeaning. However, the First Amendment does not provide a shield for libelous speech or copyright infringement, nor does it protect certain speech that threatens or harasses other people. For example, an e-mail or a posting on a Web site that expresses a clear intention or threat by its author to commit an unlawful act against another specific person is likely to be actionable under criminal law. Persistent or pernicious harassment aimed at a specific individual is not protected if it inflicts or intends to inflict emotional or physical harm. To rise to this level, harassment on the Internet would have to consist of a "course of conduct" rather than a single isolated instance. A difficulty in enforcing laws against harassment is the ease of anonymous communication on the Internet. Using a service that provides almost complete anonymity, a bigot may repeatedly e-mail his or her victim without being readily identified.